Tuesday, November 29, 2016

How Trumps Presidency Will Effect The Supreme Court


After the election was over and Trump had one, one of the main concerns of Democrats was who he would appoint to fill Scalia's seat.

Republicans now control the Congress, The Executive Branch, and soon will control the Supreme court once one of Trumps Supreme Court nominations are confirmed. Yet that is not the only issue, as two historically liberal judges are becoming very old. They are Justice Ruth Bader Ginsburg, who is 83, and Justice Stephen G. Breyer, who is 78. Yet some say that the judges Trump is appointing are more traditional and conservative than he is and that because of this, they will not grant Trump a free pass on policies that could threaten the constitution. Despite the fact, the United States is still faced with a very possible scenario that 2 additional seats could open up and that there would be a 7-2 ratio of conservatives to liberals. The final though from Mr Shapiro from the Cato institute is that what will happen when Trump realizes that in many situations, the conservative judges he is appointing may often rule against him?

Questions:
1. Do you think that appointing ultra-conservative judges is the right move for Trump? Why or why not?
2. Do you think Congress will try to push more aggressive legislation knowing that they have support from the Supreme Court?
3. Elaborate on the scenario of a 7-2 judicial ratio. What do you think would happen if this were to become a reality?

Link

12 comments:

  1. Conservatives will have a alarming majority in the supreme court which will stop a progressive message from getting through the court, but I do not believe it is as dangerous as many liberals do. I believe that Roe v. Wade will stand and their is no danger of a women rights' being compromised. Although Trump will push to limit abortion, he will not be able to enact any extreme restrictions.

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  2. I do not think that appointing ultra-conservative judges is the right move for Trump. Trump may express many conservative ideals, however he seems to express little knowledge on how the Constitution, laws or Supreme court in this country operate. Often his proposed ideas are not practical in terms of passing legislation or cannot be done in the manner or timliness he seems to believe they can. Additionally many ideas and proposals he has mentioned are actually unconstitutional, such as jailing or stripping citizenship of people who burn flags, or have no basis to be implemented. Because it is actually conservative judges that are more likely to practice judicial restraint, they will likely offer no aid in actively catering the law of the "times" to benefit Trump. In order for Trump to get his proposal through an ultra conservative Supreme Court, they will need to be black and white in terms of constitutionality, which is not to his advantage.

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  3. I think that appointing an ultra conservative judge will be both good and bad for Trump. It would be good because that is what the Republicans want him to do so it would make him seen as a good president to them. At the same time, the things he says he wants to do will not be ultra-conservative and then it would hurt him if they went to the Supreme Court.

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  4. A 7-2 Supreme Court would be pretty scary. All the decisions would be uber conservative and possibly oppressive towards those trying to get justice. It would only be worsened by a Trump presidency and Republican majority, which would collectively limit liberal justice in the court systems and the country.

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  5. Appointing super conservative judges will help Trump win the next election, and knowing Trump he will want to win. Congress could definitely start to push aggressive legislation due to the fact that republicans would control every aspect of our law making progress. If a 7-2 ratio became a reality, their would be serious push back from liberals since they would no longer have a fair chance to push their agenda.

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  6. A 7-2 judicial ratio of conservatives to liberals would cause for a major imbalance in the government, and would likely cause many of the more liberal laws to be repealed, resulting in a very successful conservative agenda to be built. Independent of political beliefs, one of the reasons the government has been able to stay in order is because of the balance of opposing views. A 7-2 ratio doesn't come close to creating a balance.

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  7. If Trump were to appoint a conservative judge it would be beneficial for him and his party, but would really limit the role of Democrats in the government. But by doing so he would become even more unpopular among the Liberals. By having a 7-2 ratio the Conservatives would most likely push for more aggressive legislation because they are backed by every branch of government. There will be no balance, and aggressive legislation is more likely to pass.

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  8. Appointing ultra conservative judges to fill scales seat is definitely a good move Trump because it would be in keeping with all of his current nominations. The best way for Trump to continue to have his party's support and support from conservatives in general is if he goes all out with his current plan of having the most conservative set of presidential nominees ever.

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  9. Appointing very conservative judges will help Trump because he would be doing what the Republican party wants him to do. Having such a large imbalance of conservatives to liberals on the Supreme Court will enable more conservative legislation to pass. However, Trump's own agenda is not super conservative, so it may hurt him too appoint such conservative judges.

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  10. Appointing an ultra conservative justice would be a logical move for trump as he is a conservative and he has to replace scalia's seat which was a conservative seat

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  11. A 7-2 judicial ratio would be a pretty frightening thing to look at. Almost every supreme court decision would fall into the view of conservatives and could drastically affect past liberal decisions. Liberals would have very little say with a 7-2 conservative judge ration, Trump as president, and a republican majority.

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  12. I do not think that appointing ultra conservative justices is the way to go for Trump. In order to heal the divide in the country the only solution is to appoint bipartisan moderate justices. If there was a ratio of 7-2 than the country would see a significant swing to conservative policies. Minorities would receive less protection and single payer healthcare would continue to be elusive.

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